Rules of Appellate Procedure – Comment Period Closes June 6, 2025

URAP042. Transfer of case from Supreme Court to Court of Appeals. Amend. The amendments to Rule 42 that were previously sent out for public comment and have been approved include: 1) add to the rule the Court’s currently internal process for retention of appeals in the Supreme Court; and 2) clean-up language for clarity and consistency. One additional amendment was made to remove “to final decision and disposition” in paragraph (g) Subsequent proceedings before Court of Appeals. This additional amendment is being sent out for public comment and approved as final effective May 1, 2025.

 

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Rules of Juvenile Procedure – Comment Period Closes June 6, 2025

URJP016. Transfer of delinquency case. Amend. The proposed amendments to Rule 16 include: (1) in paragraph (a), the preliminary inquiry by the probation officer will occur in the county of residence, but if the minor or the minor’s parent, guardian, or custodian cannot be located or fails to appear for a preliminary inquiry or the minor declines the offer for a nonjudicial adjustment, the referral will be transferred back to the county of occurrence; (2) paragraph (b) establishes the minor’s county of residence as the venue for arraignment and pretrial proceedings; (3) in paragraph (c), trial proceedings will be held in the county of occurrence; (4) paragraph (c) also provides further direction regarding different types of motions; (5) changes to paragraph (d) reflect current C.A.R.E. uploading and eFiling practices; and (6) grammatical and stylistic changes were made to align with the Supreme Court’s Style Guide.

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Rules of Juvenile Procedure – Comment Period Closes June 2, 2025

URJP016A. Transfer of a non-delinquency proceeding. Amend. The proposed amendments to Rule 16A include: (1) moving the procedure regarding scheduling in paragraph (d) down to paragraph (e); (2) moving the procedure regarding the notice of the transfer in paragraph (e) up to paragraph (d); and (3) removing procedures in paragraph (e) regarding the “transmit[ting]” of documents. The changes reflect a logical transfer sequence and an updated transfer process given current C.A.R.E. uploading and eFiling practices.

URJP037A. Visual recording of statement or testimony of child in abuse, neglect, dependency, or substantiation proceedings – Conditions of admissibility. Amend. The proposed changes to Rule 37A add child protective order proceedings and other related non-delinquency proceedings to the title and to paragraphs (a), (b), and (c). These changes intend to clarify that Rule 37A applies to child protective order proceedings and other related non-delinquency matters. There are also several grammatical changes throughout and changes that conform to the Supreme Court’s Style Guide.

URJP044. Findings and conclusions. Amend. The proposed amendment to Rule 44 strikes the procedure in paragraph (c) that directs a court to “dismiss any petition which has not been proven,” and replaces it with the following two procedures: (1) in regards to a non-delinquency case, a court will dismiss a petition that has not been proven; and (2) in a delinquency case, the court will enter a finding and disposition of Not True when an allegation of delinquency has not been proven. To accommodate the two proposed procedures, current paragraphs (d), (e), and (f) were renumbered. There are also several grammatical changes throughout and changes that conform to the Supreme Court’s Style Guide.

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Rules of Criminal Procedure – Comment Period Closes May 1, 2025

URCrP007. Initial proceedings for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

Rules 7 & 7A are amended to require the collection of certain demographic information for a person subject to a pretrial protective order at the time of case initiation or when a party makes a request for a pretrial protective order. The demographic information collected is necessary to establish the pretrial protective order on both state and federal databases and maintain the record for enforcement purposes.

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Code of Judicial Administration – Comment Period Closes April 28, 2025

CJA04-403. Electronic signature and signature stamp use (AMEND)
The proposed amendments grant district, juvenile, and justice courts the discretion to authorize clerks to use a judge’s or commissioner’s electronic signature or signature stamp on additional document types without judicial review by issuing a standing order signed by a presiding judge.

CJA04-111. Priority of post-conviction petitions in capital cases (AMEND)
The proposed amendments remove the requirement that the Administrative Office of the Courts prepare a monthly report on pending post-conviction petitions in capital cases because those reports are no longer needed.

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Rules of Professional Conduct – Comment Period Closes April 25, 2025

Rule 3.3. Candor toward the tribunal. AMEND. The amendments align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.  The Court has also removed the language “or is reckless with respect to its truth” from Comment 1.  The Court approves this rule as final with an effective date of May 1, 2025, while simultaneously publishing it for public comment pursuant to CJA Rule 11-105.

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Utah Rules of Civil Procedure – Comment Period Closes April 25, 2025

URCP026.4. Provisions governing disclosure and discovery in contested proceedings under titles 75, 75A, or 75B of the Utah Code. AMEND. This rule was previously amended to reflect the recodification of the probate code to reference additional Utah Code titles, as well as, to conform to the style guide for the rules. These additional amendments clarify the information that needs to be provided regarding any less restrictive alternatives to guardianship or conservatorship.

URCP101. Motion practice before court commissioners. AMEND. Proposed amendments to clarify scope, content, oral motions, service on unrepresented parties, exhibits and admissible evidence, page limits, hearings and orders.

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Utah Rules of Appellate Procedure – Comment Period Closed April 20, 2025

URAP035. Petition for rehearing. The Committee proposes amending Rule 35 to update the reference to Rule 27 which was amended May 1, 2024.

URAP044. Transfer of improperly pursued appeals. The Committee proposes amending Rule 44 to: 1) clarify what happens when an appeal is improperly filed with the appellate court and what the filing date of the appeal will be; and 2) clarify that a transfer of an appeal under this rule is not an adjudication that jurisdiction is proper.

 

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